Spanish Citizens Given Right to Sue for Asbestos Exposure
Wednesday, May 28, 2008
On May 27, 2008, a New Jersey State Appeals Court ruled that fifteen Spanish citizens can sue Owens-Illinois in New Jersey Superior Court on claims they suffered health problems from exposure to asbestos while working aboard U.S. Navy and Coast Guard ships docked at United States-Spanish military installations in Rota and Cadiz, Spain.A three-judge panel overturned a decision by Superior Court Judge Charles Little, who held the damage suit should be heard in a Spanish court, a location sought by attorneys for Owens-Illinois.
The tradesmen, who worked on U.S. warships between 1950 and 1998, claim they came into direct or indirect contact with asbestos dust and fibers from high-temperature piping insulation Owens-Illinois produced in Sayreville, Middlesex County, and Berlin, Camden County, and consequently suffer from asbestos-related illnesses, including asbestosis.
The appeals judges found Little failed to consider where the 14 tradesmen and one survivor of a worker wanted their lawsuit heard. The judges also held U.S. warships are considered U.S. territory wherever they are located, and the tradesmen's alleged health problems occurred there and not on Spanish soil.
Owens-Illinois attorneys argued U.S. ships are subject to Spanish law when docked there and the lawsuit could best be re solved in that nation's courts.
Writing for the court, Judge Anthony Parrillo said Owens-Illinois failed to show Spain was an adequate alternative forum to adjudicate the dispute.
"The motion judge's contrary conclusion was borne of a failure to consider all the relevant factors and to accord (the tradesmen's) choice of deference due, and consequently resulted in a mistaken exercise of his desecration."
Owens-Illinois is a Delaware- based corporation headquartered in Toledo, Ohio.
John Garde, the Newark-based counsel for Owens-Illinois, said the ruling puzzled him.
"I find it difficult to understand how an appellate division court can countenance keeping the cases in New Jersey when there is absolutely no relation to New Jersey," he said. "There is barely any relationship to the United States of America. They've made their decision."
He said Owens-Illinois might appeal to the state Supreme Court.
Although the appeals court remanded the lawsuit to Superior Court for trial, Garde said it is unclear just where it would be heard. He said while the case would usually go back to Superior Court in Camden where it originated. However, Judge Little, who is now retired, has been recalled to hear cases in Burlington County.
Posted in Toxic Exposure • Asbestos • Mesothelioma